State aid for investments in energy infrastructure: The dillemas of "Kolubara B" project

One of the key issues in the E U accession negotiations in Chapter 8 (Competition Policy) is the transitional state aid regime for aid granted before joining the EU, which must be compatible with E U law. This paper examines the legal framework for state aid in the field of energy in E U law, including the interpretative acts of the European Commission, as well as the normative obligations of Serbia in the stabilization and association process, the accession negotiations and the Energy Community Treaty. The subject of this paper is an analysis of the criteria for the assessment of state aid for investments in energy infrastructure, with particular emphasis on financial advantage in the form of state guarantees, since the Republic of Serbia issued guarantees for investment loans approved for the implementation of the project "Kolubara B ", which was debated in a dispute before the Ministerial Council of the Energy Community.